THIRD SECTION

DECISION

Application no . 68123/12 Attila BERKI against Romania

The European Court of Human Rights ( Third Section ), sitting on 16 December 2014 as a Committee composed of:

Luis López Guerra, President , Johannes Silvis, Valeriu Griţco , judges ,

and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above application lodged on 23 October 2012 ,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Attila Berki , is a Romanian national, who was born in 1980 and lives in Moftinu Mic .

The Romanian Government (“the Government”) wer e represented by their Agent, M s C. Brumar , of the Ministry of Foreign Affairs.

The applicant complained under Article 3 of the Convention about his conditions of detention in the Satu Mare Penitentiary . The complaint was communicated to the Government on 2 April 2014.

On 2 June 2014 and 27 June 2014 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Romania in respect of the facts giving rise to this application against an undertaking by the Government to pay him 4,300 (four thousand three hundred) euros to cover any pecuniary and non ‑ pecuniary damage as well as costs and expenses, which will be converted into Romanian lei at the rate applicable on the date of payment, and will be free of a ny taxes that may be applicable . This amount will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case.

THE LAW

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the application. In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

Marialena Tsirli Luis López Guerra Deputy Registrar President